Begun and held at the City of Washington on Tuesday, the fifth
day of January, two thousand and ten

S. 3817

IN THE SENATE OF THE UNITED
STATES

AN ACT

To amend the Child Abuse Prevention and
Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978, and the Abandoned
Infants Assistance Act of 1988 to reauthorize the Acts, and for other
purposes.

in subparagraph (B), by striking
2001, an estimated 1,300 and inserting fiscal year 2008,
an estimated 1,740; and

(C)

in subparagraph (C)—

(i)

by inserting in fiscal year
2008, after (C);

(ii)

by striking 41 percent and
inserting 45 percent;

(iii)

by striking 85 percent and
inserting 72 percent;

(iv)

by striking 6 years and
inserting 4 years; and

(v)

by striking abuse each place
it appears and inserting maltreatment;

(4)

in paragraph (4)(B), by striking
slightly and all that follows and inserting approximately
37 percent of victims of child abuse did not receive post-investigation
services in fiscal year 2008;;

(5)

by redesignating paragraphs (5) through
(13) as paragraphs (6) through (11) and (13) through (15), respectively;

(6)

by inserting after paragraph (4) of this
section the following:

(5)

African-American children, American Indian
children, Alaska Native children, and children of multiple races and
ethnicities experience the highest rates of child abuse or
neglect;

;

(7)

in paragraph (6), as redesignated by
paragraph (5) of this section—

(A)

in subparagraph (A), by inserting
domestic violence services, after mental health,;
and

(B)

by amending subparagraph (E) to read as
follows:

(E)

recognizes the diversity of ethnic,
cultural, and religious beliefs and traditions that may impact child rearing
patterns, while not allowing the differences in those beliefs and traditions to
enable abuse or
neglect;

;

(8)

by inserting after paragraph (11), as
redesignated by paragraph (5) of this section, the following:

(12)

because both child maltreatment and
domestic violence occur in up to 60 percent of the families in which either is
present, States and communities should adopt assessments and intervention
procedures aimed at enhancing the safety both of children and victims of
domestic
violence;

;

(9)

in paragraphs (14) and (15), as
redesignated by paragraph (5) of this section, by striking Federal
government and inserting Federal Government; and

(10)

in paragraph (14), as redesignated by
paragraph (5) of this section, by inserting and at the
end.

by redesignating paragraphs (2) through (5)
as paragraphs (4) through (7), respectively;

(B)

by striking paragraph (1) and inserting the
following:

(1)

maintain, coordinate, and disseminate
information on effective programs, including private and community-based
programs, that have demonstrated success with respect to the prevention,
assessment, identification, and treatment of child abuse or neglect and hold
the potential for broad-scale implementation and replication;

(2)

maintain, coordinate, and disseminate
information on the medical diagnosis and treatment of child abuse and
neglect;

(3)

maintain and disseminate information on
best practices relating to differential
response;

;

(C)

in paragraph (4), as redesignated by
subparagraph (A) of this paragraph, by inserting and disseminate
after maintain;

(D)

in paragraph (5), as redesignated by
subparagraph (A) of this paragraph—

(i)

in subparagraph (B), by inserting
(42 U.S.C. 5105 note) before the semicolon; and

(ii)

in subparagraph (C), by striking
alcohol or drug and inserting substance;

(E)

in subparagraph (C) of paragraph (6), as
redesignated by subparagraph (A) of this paragraph, by striking
and at the end;

(F)

in subparagraph (B) of paragraph (7), as
redesignated by subparagraph (A) of this paragraph, by striking and
child welfare personnel. and inserting child welfare, substance
abuse treatment services, and domestic violence services personnel;
and; and

(G)

by adding at the end the following:

(8)

collect and disseminate information, in
conjunction with the National Resource Centers authorized in section 310(b) of
the Family Violence Prevention and Services Act, on effective programs and best
practices for developing and carrying out collaboration between entities
providing child protective services and entities providing domestic violence
services.

;
and

(3)

in subsection (c)(1)—

(A)

by striking subparagraph (B) and inserting
the following:

(B)

consult with the head of each agency
involved with child abuse and neglect on the development of the components for
information collection and management of such clearinghouse and on the
mechanisms for the sharing of such information with other Federal agencies and
clearinghouses;

;

(B)

in subparagraph (C)—

(i)

in the matter preceding clause (i), by
inserting tribal, after State,;

(ii)

in clause (i), by striking
and at the end; and

(iii)

by adding at the end the following:

(iii)

information about the incidence and
characteristics of child abuse and neglect in circumstances in which domestic
violence is present; and

(iv)

information about the incidence and
characteristics of child abuse and neglect in cases related to substance
abuse;

;
and

(C)

in subparagraph (F), by striking
abused or neglected children and inserting victims of
child abuse or neglect.

in the matter preceding subparagraph (A),
by striking from abuse or neglect and to improve the well-being of
abused or neglected children and inserting from child abuse or
neglect and to improve the well-being of victims of child abuse or
neglect;

(B)

in subparagraph (B), by striking
abuse and neglect on and inserting child abuse and
neglect on;

effective approaches to improving the
relationship and attachment of infants and toddlers who experience child abuse
or neglect with their parents or primary caregivers in circumstances where
reunification is
appropriate;

;

(E)

in subparagraph (D), as redesignated by
subparagraph (C) of this paragraph, by inserting and neglect
before the semicolon;

(F)

in subparagraph (E), as redesignated by
subparagraph (C) of this paragraph—

(i)

by inserting , including best
practices to meet the needs of special populations, after best
practices; and

(ii)

by striking (12) and
inserting (14);

(G)

by inserting after subparagraph (F), as
redesignated by subparagraph (C) of this paragraph, the following:

the medical community, including providers
of mental health and developmental disability services; and

(II)

providers of early childhood intervention
services and special education for children who have been victims of child
abuse or
neglect;

;

(H)

by inserting after subparagraph (H), as
redesignated by subparagraph (C) of this paragraph, the following:

(I)

effective collaborations, between the child
protective system and domestic violence service providers, that provide for the
safety of children exposed to domestic violence and their nonabusing parents
and that improve the investigations, interventions, delivery of services, and
treatments provided for such children and
families;

;

(I)

in subparagraph (J), as redesignated by
subparagraph (C) of this paragraph, by striking low income and
inserting low-income;

(J)

by inserting after subparagraph (J), as
redesignated by subparagraph (C) of this paragraph, the following:

(K)

the impact of child abuse and neglect on
the incidence and progression of disabilities;

(L)

the nature and scope of effective practices
relating to differential response, including an analysis of best practices
conducted by the States;

(M)

child abuse and neglect issues facing
Indians, Alaska Natives, and Native Hawaiians, including providing
recommendations for improving the collection of child abuse and neglect data
from Indian tribes and Native Hawaiian
communities;

;

(K)

in subparagraph (N), as redesignated by
subparagraph (C) of this paragraph, by striking clauses (i) through (xi)
of subparagraph (H) and inserting clauses (i) through (x) of
subparagraph (O); and

(L)

in subparagraph (O), as redesignated by
subparagraph (C) of this paragraph—

(i)

in clauses (i) and (ii), by inserting
and neglect after abuse;

(ii)

in clause (v), by striking child
abuse have and inserting child abuse and neglect
have;

(iii)

by striking and at the end
of clause (ix);

(iv)

by redesignating clause (x) as clause
(xi);

(v)

by inserting after clause (ix), the
following:

(x)

the extent to which reports of suspected or
known instances of child abuse or neglect involving a potential combination of
jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal,
are being screened out solely on the basis of the cross-jurisdictional
complications; and

;
and

(vi)

in clause (xi), as redesignated by clause
(iv), by striking abuse and inserting child abuse and
neglect; and

(2)

in paragraph (2), by striking
subparagraphs and all that follows and inserting clauses
(i) through (xi) of paragraph (1)(O).;

(3)

in paragraph (3), by striking
Keeping Children and Families Safe Act of 2003 and inserting
CAPTA Reauthorization Act of 2010;

(4)

in paragraph (4)—

(A)

by striking (A) The and
inserting the following:

(A)

In general

The

;
and

(B)

in subparagraph (B)—

(i)

by striking all that precedes
later and inserting the following:

(B)

Public
comment

Not

;

(ii)

by striking than 2 and
inserting than 1; and

(iii)

by striking Keeping Children and
Families Safe Act of 2003 and inserting CAPTA Reauthorization
Act of 2010; and

(5)

by adding at the end the following:

(4)

Study on shaken baby syndrome

The Secretary shall conduct a study
that—

(A)

identifies data collected on shaken baby
syndrome;

(B)

determines the feasibility of collecting
uniform, accurate data from all States regarding—

(i)

incidence rates of shaken baby
syndrome;

(ii)

characteristics of perpetrators of shaken
baby syndrome, including age, gender, relation to victim, access to prevention
materials and resources, and history of substance abuse, domestic violence, and
mental illness; and

(iii)

characteristics of victims of shaken baby
syndrome, including gender, date of birth, date of injury, date of death (if
applicable), and short- and long-term injuries
sustained.

To enhance the quality and usefulness of
research in the field of child abuse and neglect, the Secretary shall, in
consultation with experts in the field and other Federal agencies, establish a
formal, rigorous, and meritorious peer review process for purposes of
evaluating and reviewing applications for assistance through a grant or
contract under this section and determining the relative merits of the project
for which such assistance is requested.

;
and

(B)

by striking subparagraph (B) and inserting
the following:

(B)

Members

In establishing the process required by
subparagraph (A), the Secretary shall only appoint to the peer review panels
members who—

(i)

are experts in the field of child abuse and
neglect or related disciplines, with appropriate expertise related to the
applications to be reviewed; and

(ii)

are not individuals who are officers or
employees of the Administration for Children and Families.

(C)

Meetings

The peer review panels shall meet as often
as is necessary to facilitate the expeditious review of applications for grants
and contracts under this section, but shall meet not less often than once a
year.

(D)

Criteria and guidelines

The Secretary shall ensure that the peer
review panel utilizes scientifically valid review criteria and scoring
guidelines in the review of the applications for grants and
contracts.

;
and

(2)

in paragraph (3)—

(A)

by striking (A) The and
inserting the following:

(A)

Meritorious projects

The

;
and

(B)

in subparagraph (B), by striking all that
precedes the instance and inserting the following:

in the heading, by striking
States and inserting
States, Indian tribes or
tribal organizations,;

(2)

in subsection (a)—

(A)

in the matter preceding paragraph
(1)—

(i)

by striking States, and
inserting entities that are States, Indian tribes or tribal
organizations, or; and

(ii)

by striking such agencies or
organizations and inserting such entities;

(B)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A),
by striking this section and inserting this
subsection;

(ii)

in subparagraph (A)—

(I)

by inserting health care,
before medicine,;

(II)

by inserting child care,
after education,; and

(III)

by inserting and neglect
before the semicolon;

(iii)

in subparagraph (B), by inserting a comma
after youth;

(iv)

in subparagraph (D)—

(I)

by striking support the enhancement
of linkages between and inserting enhance linkages
among;

(II)

by striking including
physical and all that follows through partnerships and
inserting entities providing physical and mental health services,
community resources, and developmental disability agencies, to improve
screening, forensic diagnosis, and health and developmental evaluations, and
for partnerships; and

(III)

by striking offer creative
approaches to using and inserting support the coordinated use
of;

(v)

by redesignating subparagraphs (E) through
(J) as subparagraphs (F), (G), and (I) through (L), respectively;

(vi)

by inserting after subparagraph (D) the
following:

(E)

for the training of personnel in best
practices to meet the unique needs of children with disabilities, including
promoting interagency
collaboration;

;

(vii)

by inserting after subparagraph (G), as
redesignated by clause (v) of this subparagraph, the following:

(H)

for the training of personnel in childhood
development including the unique needs of children under age
3;

;

(viii)

in subparagraph (J), as redesignated by
clause (v) of this subparagraph, by striking and other public and
private welfare agencies and inserting other public and private
welfare agencies, and agencies that provide early intervention
services;

(ix)

in subparagraph (K), as redesignated by
clause (v) of this subparagraph, by striking and at the
end;

(x)

in subparagraph (L), as redesignated by
clause (v) of this subparagraph—

(I)

by striking disabled infants
each place it appears and inserting infants or toddlers with
disabilities; and

(II)

by striking the period and inserting
; and; and

(xi)

by adding at the end the following:

(M)

for the training of personnel in best
practices relating to the provision of differential
response.

;

(C)

in paragraph (2)(C), by striking
where and inserting when;

(D)

in paragraph (3), by inserting ,
leadership, after mutual support;

(E)

in paragraph (4), by striking all that
precedes Secretary and inserting the following:

by striking mental health
and all that follows through , for and inserting mental
health, substance abuse, developmental disabilities, and domestic violence
service agencies, and entities that carry out community-based programs,
for; and

(iv)

by striking help assure and
inserting ensure; and

(H)

by inserting after paragraph (5) the
following:

(6)

Collaborations between child protective
service entities and domestic violence service entities

The Secretary may award grants to public or
private agencies and organizations under this section to develop or expand
effective collaborations between child protective service entities and domestic
violence service entities to improve collaborative investigation and
intervention procedures, provision for the safety of the nonabusing parent
involved and children, and provision of services to children exposed to
domestic violence that also support the caregiving role of the non-abusing
parent.

;
and

(3)

in subsection (b)(4)—

(A)

in subparagraph (A)(ii), by striking
neglected or abused and inserting victims of child abuse
or neglect;

(B)

in subparagraphs (B)(ii) and (C)(iii), by
striking abuse or neglect and inserting child abuse and
neglect;

(C)

in subparagraph (C)(iii), by striking
been neglected or abused and inserting been a victim of
child abuse or neglect; and

(D)

in subparagraph (D), by striking
a after grantee is and inserting
an.

115.

Grants to States for child abuse or neglect
prevention and treatment programs

(a)

Section heading

Section 106 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a) is amended by striking the section heading
and inserting the following:

106.

Grants to States for child abuse or neglect
prevention and treatment
programs

in the matter preceding paragraph (1), by
striking based on and all that follows through 18
in and inserting from allotments made under subsection (f)
for;

(2)

in paragraph (1), by striking abuse
and neglect and inserting child abuse or neglect;

(3)

in paragraph (2)—

(A)

in subparagraph (A), by inserting ,
intra-agency, interstate, and intrastate after
interagency; and

(B)

in subparagraph (B)(i), by striking
abuse and neglect and inserting child abuse or
neglect;

(4)

in paragraph (4), by inserting ,
including the use of differential response after
protocols;

(5)

in paragraph (6)—

(A)

in subparagraph (A) by inserting ,
including the use of differential response, after
strategies;

(B)

in subparagraph (B), by striking
and at the end;

(C)

in subparagraph (C), by striking
workers and all that follows and inserting workers;
and; and

(D)

by adding at the end the following:

(D)

training in early childhood, child, and
adolescent
development;

;

(6)

by striking paragraphs (8) and (9) and
inserting the following:

(8)

developing, facilitating the use of, and
implementing research-based strategies and training protocols for individuals
mandated to report child abuse and
neglect;

;

(7)

by redesignating paragraphs (10) through
(14) as paragraphs (9) through (13), respectively;

(8)

in paragraph (9), as redesignated by
paragraph (7) of this subsection—

(A)

in subparagraph (B), by striking
and at the end;

(B)

in subparagraph (C), by adding
and at the end; and

(C)

by adding at the end the following:

(D)

the use of differential response in
preventing child abuse and
neglect;

;

(9)

in paragraph (10), as redesignated by
paragraph (7) of this subsection, by inserting , including the use of
differential response before the semicolon;

(10)

in paragraph (12), as redesignated by
paragraph (7) of this subsection, by striking or at the
end;

(11)

in paragraph (13), as redesignated by
paragraph (7) of this subsection—

(A)

by striking supporting and
enhancing and all that follows through community-based
programs and inserting supporting and enhancing interagency
collaboration among public health agencies, agencies in the child protective
service system, and agencies carrying out private community-based
programs—;

(B)

by striking to provide and
inserting the following:

(A)

to
provide

;

(C)

by striking systems) and and
inserting systems), and the use of differential response;
and;

(D)

by striking to address and
inserting the following:

(B)

to
address

;

(E)

by striking abused or
neglected and inserting victims of child abuse or neglect;
and

To be eligible to receive a grant under
this section, a State shall submit to the Secretary a State plan that specifies
the areas of the child protective services system described in subsection (a)
that the State will address with amounts received under the grant.

(B)

Duration of plan

Each State plan shall—

(i)

remain in effect for the duration of the
State’s participation under this section; and

(ii)

be periodically reviewed and revised as
necessary by the State to reflect changes in the State’s strategies and
programs under this section.

(C)

Additional information

The State shall provide notice to the
Secretary—

(i)

of any substantive changes, including any
change to State law or regulations, relating to the prevention of child abuse
and neglect that may affect the eligibility of the State under this section;
and

(ii)

of any significant changes in how funds
provided under this section are used to support activities described in this
section, which may differ from the activities described in the current State
application.

;

(2)

in paragraph (2)—

(A)

by redesignating subparagraphs (A) through
(D) as subparagraphs (B) through (E), respectively;

(B)

by striking the matter preceding
subparagraph (B), as redesignated by subparagraph (A) of this paragraph, and
inserting the following:

(2)

Contents

A State plan submitted under paragraph (1)
shall contain a description of the activities that the State will carry out
using amounts received under the grant to achieve the objectives of this title,
including—

(A)

an assurance that the State plan, to the
maximum extent practicable, is coordinated with the State plan under part B of
title IV of the Social Security Act (42 U.S.C. 621 et seq.) relating to child
welfare services and family preservation and family support
services;

;

(C)

in subparagraph (B), as redesignated by
subparagraph (A) of this paragraph—

(i)

in the matter preceding clause (i)—

(I)

by striking chief executive
officer and inserting Governor; and

(II)

by striking Statewide and
inserting statewide;

(ii)

by amending clause (i) to read as
follows:

(i)

provisions or procedures for an individual
to report known and suspected instances of child abuse and neglect, including a
State law for mandatory reporting by individuals required to report such
instances;

;

(iii)

in clause (ii)—

(I)

in the matter preceding subclause
(I)—

(aa)

by inserting with after
born; and

(bb)

by inserting or a Fetal Alcohol
Spectrum Disorder, after drug exposure,; and

(II)

in subclause (I), by inserting or
neglect before the semicolon;

(iv)

in clause (iii), by inserting , or a
Fetal Alcohol Spectrum Disorder before the semicolon;

(v)

in clause (v), by inserting ,
including the use of differential response, after
procedures;

(vi)

in clause (vi)—

(I)

by striking the abused or neglected
child and inserting a victim of child abuse or neglect;
and

(II)

by striking abuse or neglect
and inserting child abuse or neglect;

(vii)

in clause (ix), by striking abuse
and neglect and inserting child abuse and
neglect;

(viii)

in clause (xi), by striking or
neglect and inserting and neglect;

(ix)

in clause (xiii)—

(I)

by striking an abused or neglected
child and inserting a victim of child abuse or neglect;
and

(II)

by inserting including training in
early childhood, child, and adolescent development, after to the
role,;

(x)

in clause (xv)(II), by striking
abuse or neglect and inserting child abuse or
neglect;

(xi)

in clause (xviii), by striking abuse
and and inserting abuse or;

(xii)

in clause (xvi)—

(I)

in subclause (III), by striking ;
or and inserting ;; and

(II)

by adding at the end the following:

(V)

to have committed sexual abuse against the
surviving child or another child of such parent; or

(VI)

to be required to register with a sex
offender registry under section 113(a) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C.
16913(a));

by inserting that meet the
requirements of section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) after checks; and

(III)

by adding and at the end;
and

(xv)

by adding at the end the following:

(xxiii)

provisions for systems of technology that
support the State child protective service system described in subsection (a)
and track reports of child abuse and neglect from intake through final
disposition;

;

(D)

in subparagraph (C), as redesignated by
subparagraph (A) of this paragraph—

(i)

by striking disabled infants
with each place it appears and inserting infants with
disabilities who have; and

(ii)

in clause (iii), by striking life
threatening and inserting life-threatening;

(E)

in subparagraph (D), as redesignated by
subparagraph (A) of this paragraph—

(i)

in clause (ii), by striking
and at the end;

(ii)

in clause (iii), by striking
and at the end;

(iii)

by adding at the end the following:

(iv)

policies and procedures encouraging the
appropriate involvement of families in decisionmaking pertaining to children
who experienced child abuse or neglect;

(v)

policies and procedures that promote and
enhance appropriate collaboration among child protective service agencies,
domestic violence service agencies, substance abuse treatment agencies, and
other agencies in investigations, interventions, and the delivery of services
and treatment provided to children and families affected by child abuse or
neglect, including children exposed to domestic violence, where appropriate;
and

(vi)

policies and procedures regarding the use
of differential response, as
applicable;

;

(F)

in subparagraph (E), as redesignated by
subparagraph (A) of this paragraph—

(i)

by inserting (42 U.S.C. 621 et
seq.) after Act; and

(ii)

by striking the period at the end and
inserting a semicolon;

(G)

by inserting after subparagraph (E), as
redesignated by subparagraph (A) of this paragraph, the following:

(F)

an assurance or certification that programs
and training conducted under this title address the unique needs of
unaccompanied homeless youth, including access to enrollment and support
services and that such youth are eligible for under parts B and E of title IV
of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.) and meet the
requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.); and

(G)

an assurance that the State, in developing
the State plan described in paragraph (1), has collaborated with
community-based prevention agencies and with families affected by child abuse
or neglect.

;
and

(H)

in the last sentence, by striking
subparagraph (A) and inserting subparagraph (B);
and

in paragraph (1), by striking as
abused or neglected and inserting as victims of child abuse or
neglect;

(2)

in paragraph (4), by inserting ,
including use of differential response, after
services;

(3)

by striking paragraph (7) and inserting the
following:

(7)(A)

The number of child protective service
personnel responsible for the—

(i)

intake of reports filed in the previous
year;

(ii)

screening of such reports;

(iii)

assessment of such reports; and

(iv)

investigation of such reports.

(B)

The average caseload for the workers
described in subparagraph (A).

;

(4)

in paragraph (9), by striking abuse
or neglect and inserting child abuse or neglect;

(5)

by striking paragraph (10) and inserting
the following:

(10)

For child protective service personnel
responsible for intake, screening, assessment, and investigation of child abuse
and neglect reports in the State—

(A)

information on the education,
qualifications, and training requirements established by the State for child
protective service professionals, including for entry and advancement in the
profession, including advancement to supervisory positions;

(B)

data on the education, qualifications, and
training of such personnel;

(C)

demographic information of the child
protective service personnel; and

(D)

information on caseload or workload
requirements for such personnel, including requirements for average number and
maximum number of cases per child protective service worker and
supervisor.

;

(6)

in paragraph (11), by striking and
neglect and inserting or neglect; and

(7)

by adding at the end the following:

(15)

The number of children referred to a child
protective services system under subsection (b)(2)(B)(ii).

(16)

The number of children determined to be
eligible for referral, and the number of children referred, under subsection
(b)(2)(B)(xxi), to agencies providing early intervention services under part C
of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et
seq.).

.

(f)

Annual Report

Section 106(e) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(e)) is amended by inserting
and neglect before the period.

(g)

Formula

Section 106 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a) is amended by adding at the end the
following:

(f)

Allotments

(1)

Definitions

In this subsection:

(A)

Fiscal year 2009 grant funds

The term fiscal year 2009 grant
funds means the amount appropriated under section 112 for fiscal year
2009, and not reserved under section 112(a)(2).

(B)

Grant funds

The term grant funds means the
amount appropriated under section 112 for a fiscal year and not reserved under
section 112(a)(2).

(C)

State

The term State means each of
the several States, the District of Columbia, and the Commonwealth of Puerto
Rico.

(D)

Territory

The term territory means Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.

(2)

In general

Except as otherwise provided in this
section, the Secretary shall make allotments to each State and territory that
applies for a grant under this section in an amount equal to the sum of—

(A)

$50,000; and

(B)

an amount that bears the same relationship
to any grant funds remaining after all such States and territories have
received $50,000, as the number of children under the age of 18 in the State or
territory bears to the number of such children in all States and territories
that apply for such a grant.

(3)

Allotments for decreased appropriation
years

In the case where the
grant funds for a fiscal year are less than the fiscal year 2009 grant funds,
the Secretary shall ratably reduce each of the allotments under paragraph (2)
for such fiscal year.

(4)

Allotments for increased appropriation
years

(A)

Minimum allotments to States for increased
appropriations years

In any
fiscal year for which the grant funds exceed the fiscal year 2009 grant funds
by more than $1,000,000, the Secretary shall adjust the allotments under
paragraph (2), as necessary, such that no State that applies for a grant under
this section receives an allotment in an amount that is less than—

(i)

$100,000, for a fiscal year in which the
grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000 but
less than $2,000,000;

(ii)

$125,000, for a fiscal year in which the
grant funds exceed the fiscal year 2009 grant funds by at least $2,000,000 but
less than $3,000,000; and

(iii)

$150,000, for a fiscal year in which the
grant funds exceed the fiscal year 2009 grant funds by at least
$3,000,000.

(B)

Allotment adjustment

In the case of a fiscal year for which
subparagraph (A) applies and the grant funds are insufficient to satisfy the
requirements of such subparagraph (A), paragraph (2), and paragraph (5), the
Secretary shall, subject to paragraph (5), ratably reduce the allotment of each
State for which the allotment under paragraph (2) is an amount that exceeds the
applicable minimum under subparagraph (A), as necessary to ensure that each
State receives the applicable minimum allotment under subparagraph (A).

(5)

Hold harmless

Notwithstanding paragraphs (2) and (4),
except as provided in paragraph (3), no State or territory shall receive a
grant under this section in an amount that is less than the amount such State
or territory received under this section for fiscal year
2009.

.

116.

Grants to States for programs relating to
the investigation and prosecution of child abuse and neglect
cases

the assessment and investigation of
suspected child abuse and neglect cases, including cases of suspected child
sexual abuse and exploitation, in a manner that limits additional trauma to the
child and the child's family;

(2)

the assessment and investigation of cases
of suspected child abuse-related fatalities and suspected child neglect-related
fatalities;

;

(B)

in paragraph (3), by striking
particularly and inserting including; and

(C)

in paragraph (4)—

(i)

by striking the handling and
inserting the assessment and investigation; and

(ii)

by striking victims of abuse
and inserting suspected victims of child abuse;

in subparagraph (H), by striking the period
and inserting a semicolon; and

(C)

by adding at the end the following:

(I)

adult former victims of child abuse or
neglect; and

(J)

individuals experienced in working with
homeless children and youths (as defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11434a)).

;

(4)

in subsection (d)(1)—

(A)

by striking particularly and
inserting including; and

(B)

by inserting intrastate,
before interstate;

(5)

in subsection (e)(1)—

(A)

in subparagraph (A)—

(i)

by striking particularly and
inserting including; and

(ii)

by inserting intrastate,
before interstate;

(B)

in subparagraph (B)—

(i)

by inserting a comma after
model; and

(ii)

by striking improve the rate
and all that follows through child sexual abuse cases and
inserting the following: improve the prompt and successful resolution of
civil and criminal court proceedings or enhance the effectiveness of judicial
and administrative action in child abuse and neglect cases, particularly child
sexual abuse and exploitation cases, including the enhancement of performance
of court-appointed attorneys and guardians ad litem for children;
and

(C)

in subparagraph (C)—

(i)

by inserting a comma after
protocols;

(ii)

by inserting , which may include
those children involved in reports of child abuse or neglect with a potential
combination of jurisdictions, such as intrastate, interstate, Federal-State,
and State-Tribal, after protection for children;

(iii)

by striking from abuse and
inserting from child abuse and neglect; and

(iv)

by striking particularly and
inserting including; and

(6)

in subsection (f), by inserting (42
U.S.C. 10603a) after 1984.

117.

Miscellaneous requirements

Section 108(d) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106d(d)) is amended to read as follows:

(d)

Sense of Congress

It is the sense of Congress that the
Secretary should encourage all States and public and private entities that
receive assistance under this title to—

(1)

ensure that children and families with
limited English proficiency who participate in programs under this title are
provided with materials and services through such programs in an appropriate
language other than English; and

(2)

ensure that individuals with disabilities
who participate in programs under this title are provided with materials and
services through such programs that are appropriate to their
disabilities.

.

118.

Reports

(a)

In general

Section 110 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106f) is amended by striking subsections (a) and
(b) and inserting the following:

(a)

Coordination efforts

Not later than 1 year after the date of
enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit
to the Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a report on
efforts to coordinate the objectives and activities of agencies and
organizations that are responsible for programs and activities related to child
abuse and neglect. Not later than 3 years after that date of enactment, the
Secretary shall submit to those committees a second report on such efforts
during the 3-year period following that date of enactment. Not later than 5
years after that date of enactment, the Secretary shall submit to those
committees a third report on such efforts during the 5-year period following
that date of enactment.

(b)

Effectiveness of State programs and
technical assistance

Not
later than 2 years after the date of enactment of the CAPTA Reauthorization Act
of 2010 and every 2 years thereafter, the Secretary shall submit to the
Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a report
evaluating the effectiveness of programs receiving assistance under section 106
in achieving the objectives of section
106.

.

(b)

Study and report relating to citizen review
panels

Section 110(c) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f(c)) is amended to
read as follows:

(c)

Study and report relating to citizen review
panels

(1)

In general

The Secretary shall conduct a study to
determine the effectiveness of citizen review panels, established under section
106(c), in achieving the stated function of such panels under section
106(c)(4)(A) of—

(A)

examining the policies, procedures, and
practices of State and local child protection agencies; and

(B)

evaluating the extent to which such State
and local child protection agencies are fulfilling their child protection
responsibilities, as described in clauses (i) through (iii) of section
106(c)(4)(A).

(2)

Content of study

The study described in paragraph (1) shall
be completed in a manner suited to the unique design of citizen review panels,
including consideration of the variability among the panels within and between
States. The study shall include the following:

(A)

Data describing the membership,
organizational structure, operation, and administration of all citizen review
panels and the total number of such panels in each State.

(B)

A detailed summary of the extent to which
collaboration and information-sharing occurs between citizen review panels and
State child protective services agencies or any other entities or State
agencies. The summary shall include a description of the outcomes that result
from collaboration and information sharing.

(C)

Evidence of the adherence and
responsiveness to the reporting requirements under section 106(c)(6) by citizen
review panels and States.

(3)

Report

Not later than 2 years after the date of
enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Labor of the House of Representatives a report
that contains the results of the study conducted under paragraph
(1).

.

(c)

Study and report relating to immunity from
prosecution for professional consultation in suspected and known instances of
child abuse and neglect

Section 110 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the
following:

(d)

Study and report relating to immunity from
prosecution for professional consultation in suspected and known instances of
child abuse and neglect

(1)

Study

The Secretary shall complete a study, in
consultation with experts in the provision of healthcare, law enforcement,
education, and local child welfare administration, that examines how provisions
for immunity from prosecution under State and local laws and regulations
facilitate and inhibit individuals cooperating, consulting, or assisting in
making good faith reports, including mandatory reports, of suspected or known
instances of child abuse or neglect.

(2)

Report

Not later than 1 year after the date of the
enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and Labor of the House of Representatives a report
that contains the results of the study conducted under paragraph (1) and any
recommendations for statutory or regulatory changes the Secretary determines
appropriate. Such report may be submitted
electronically.

to support community-based efforts to
develop, operate, expand, enhance, and coordinate initiatives, programs, and
activities to prevent child abuse and neglect and to support the coordination
of resources and activities, to better strengthen and support families to
reduce the likelihood of child abuse and neglect;
and

;
and

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by
striking hereafter;

(B)

in paragraph (1)—

(i)

in the matter preceding subparagraph
(A)—

(I)

by inserting a comma after
expanding; and

(II)

by striking (through networks where
appropriate);

(ii)

in subparagraph (E), by inserting before
the semicolon the following: , including access to such resources and
opportunities for unaccompanied homeless youth; and

(iii)

by striking subparagraph (G) and inserting
the following:

(G)

demonstrate a commitment to involving
parents in the planning and program implementation of the lead agency and
entities carrying out local programs funded under this title, including
involvement of parents of children with disabilities, parents who are
individuals with disabilities, racial and ethnic minorities, and members of
other underrepresented or underserved groups;
and

;

(C)

in paragraph (2), by inserting after
children and families the following: , including
unaccompanied homeless youth,;

in the matter preceding paragraph (1), by
inserting a comma after expand;

(2)

in paragraph (1)—

(A)

by striking parents and and
inserting parents,; and

(B)

by inserting in meaningful
roles before the semicolon;

(3)

in paragraph (2)—

(A)

by striking a strategy to provide,
over time, and inserting a comprehensive strategy to
provide;

(B)

by striking family centered
and inserting family-centered; and

(C)

by striking and parents with young
children, and inserting , to parents with young children, and to
parents who are adult former victims of domestic violence or child abuse or
neglect,;

(4)

in paragraph (3)—

(A)

by striking all that precedes subparagraph
(C) and inserting the following:

(3)(A)

provide for core child abuse and neglect
prevention services, which may be provided directly by the local recipient of
the grant funds or through grants or agreements with other local agencies, such
as—

in paragraph (2), by inserting which
description shall specify whether those services are supported by
research after section 202;

(3)

in paragraph (4)—

(A)

by striking section 205(3)
and inserting section 204(3); and

(B)

by inserting a comma after
operation;

(4)

in paragraph (6)—

(A)

by inserting a comma after
local; and

(B)

by inserting a comma after
expansion; and

(5)

in paragraph (7), by striking the
results and all that follows and inserting the results of
evaluation, or the outcomes of monitoring, conducted under the State program to
demonstrate the effectiveness of activities conducted under this title in
meeting the purposes of the program; and.

except in the case of sexual abuse, the age
specified by the child protection law of the State in which the child
resides;

(2)

the term child abuse and
neglect means, at a minimum, any recent act or failure to act on the
part of a parent or caretaker, which results in death, serious physical or
emotional harm, sexual abuse or exploitation, or an act or failure to act which
presents an imminent risk of serious harm;

(3)

the term child with a
disability means a child with a disability as defined in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C. 1401), or an infant
or toddler with a disability as defined in section 632 of such Act (20 U.S.C.
1432);

(4)

the term Governor means the
chief executive officer of a State;

(5)

the terms Indian, Indian
tribe, and tribal organization have the meanings given the
terms in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b);

(6)

the term Secretary means the
Secretary of Health and Human Services;

(7)

except as provided in section 106(f), the
term State means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands; and

(8)

the term unaccompanied homeless
youth means an individual who is described in paragraphs (2) and (6) of
section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).

.

(b)

Conforming amendments

Section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g), as amended by section 119, is further
amended—

by redesignating paragraphs (7), (8), and
(10) as paragraphs (1), (2), and (3), respectively, and inserting the
paragraphs before paragraph (4);

(3)

in paragraph (3), as so redesignated, by
striking and at the end;

(4)

in paragraph (4), by adding
and at the end; and

(5)

by redesignating paragraph (6) as paragraph
(5).

C

Conforming amendments

151.

Amendments to table of
contents

The table of contents
in section 1(b) of the Child Abuse Prevention and Treatment Act is
amended—

(1)

by inserting after the item relating to
section 2 the following:

Sec. 3. General
definitions.

;

(2)

by amending the item relating to section
105 to read as follows:

Sec. 105. Grants to States,
Indian tribes or tribal organizations, and public or private agencies and
organizations.

;

(3)

by amending the item relating to section
106 to read as follows:

Sec. 106. Grants to States for
child abuse or neglect prevention and treatment
programs.

;

(4)

by striking the item relating to the title
heading of title II and inserting the following:

Title II—Community-based grants
for the prevention of child abuse or
neglect

;

and(5)

by striking the items relating to sections
204 through 210 and inserting the following:

Sec. 204.
Application.

Sec. 205. Local program
requirements.

Sec. 206. Performance
measures.

Sec. 207. National network for
community-based family resource programs.

Sec. 208.
Definitions.

Sec. 209. Authorization of
appropriations.

.

II

Family Violence Prevention and Services
Act

201.

Family violence prevention and
services

The Family Violence
Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended to read as
follows:

III

Family violence prevention and
services

301.

Short title; purpose

(a)

Short title

This title may be cited as the
Family Violence Prevention and Services Act.

(b)

Purpose

It is the purpose of this title to—

(1)

assist States and Indian tribes in efforts
to increase public awareness about, and primary and secondary prevention of,
family violence, domestic violence, and dating violence;

(2)

assist States and Indian tribes in efforts
to provide immediate shelter and supportive services for victims of family
violence, domestic violence, or dating violence, and their dependents;

(3)

provide for a national domestic violence
hotline;

(4)

provide for technical assistance and
training relating to family violence, domestic violence, and dating violence
programs to States and Indian tribes, local public agencies (including law
enforcement agencies, courts, and legal, social service, and health care
professionals in public agencies), nonprofit private organizations (including
faith-based and charitable organizations, community-based organizations, and
voluntary associations), tribal organizations, and other persons seeking such
assistance and training.

302.

Definitions

In this title:

(1)

Alaska Native

The term Alaska Native has the
meaning given the term Native in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602).

(2)

Dating violence

The term dating violence has
the meaning given such term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).

(3)

Domestic violence

The term domestic violence has
the meaning given such term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a)).

(4)

Family violence

The term family violence means
any act or threatened act of violence, including any forceful detention of an
individual, that—

(A)

results or threatens to result in physical
injury; and

(B)

is committed by a person against another
individual (including an elderly individual) to or with whom such
person—

(i)

is related by blood;

(ii)

is or was related by marriage or is or was
otherwise legally related; or

(iii)

is or was lawfully residing.

(5)

Indian; Indian tribe; tribal
organization

The terms
Indian, Indian tribe, and tribal
organization have the meanings given such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(6)

Native hawaiian

The term Native Hawaiian has
the meaning given the term in section 7207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).

(7)

Personally identifying
information

The term
personally identifying information has the meaning given the term
in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).

(8)

Secretary

The term Secretary means the
Secretary of Health and Human Services.

(9)

Shelter

The term shelter means the
provision of temporary refuge and supportive services in compliance with
applicable State law (including regulation) governing the provision, on a
regular basis, of shelter, safe homes, meals, and supportive services to
victims of family violence, domestic violence, or dating violence, and their
dependents.

(10)

State

The term State means each of
the several States, the District of Columbia, the Commonwealth of Puerto Rico,
and, except as otherwise provided, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

has a membership that includes a majority
of the primary-purpose domestic violence service providers in the State;

(B)

has board membership that is representative
of primary-purpose domestic violence service providers, and which may include
representatives of the communities in which the services are being provided in
the State;

(C)

has as its purpose to provide education,
support, and technical assistance to such service providers to enable the
providers to establish and maintain shelter and supportive services for victims
of domestic violence and their dependents; and

(D)

serves as an information clearinghouse,
primary point of contact, and resource center on domestic violence for the
State and supports the development of polices, protocols, and procedures to
enhance domestic violence intervention and prevention in the State.

(12)

Supportive services

The term supportive services
means services for adult and youth victims of family violence, domestic
violence, or dating violence, and dependents exposed to family violence,
domestic violence, or dating violence, that are designed to—

(A)

meet the needs of such victims of family
violence, domestic violence, or dating violence, and their dependents, for
short-term, transitional, or long-term safety; and

(B)

provide counseling, advocacy, or assistance
for victims of family violence, domestic violence, or dating violence, and
their dependents.

(13)

Tribally designated official

The term tribally designated
official means an individual designated by an Indian tribe, tribal
organization, or nonprofit private organization authorized by an Indian tribe,
to administer a grant under section 309.

(14)

Underserved populations

The term underserved
populations has the meaning given the term in section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)). For the purposes of
this title, the Secretary has the same authority to determine whether a
population is an underserved population as the Attorney General has under that
section 40002(a).

303.

Authorization of appropriations

(a)

Formula grants to States

(1)

In general

There is authorized to be appropriated to
carry out sections 301 through 312, $175,000,000 for each of fiscal years 2011
through 2015.

(2)

Allocations

(A)

Formula grants to States

(i)

Reservation of funds

For any fiscal year for which the amounts
appropriated under paragraph (1) exceed $130,000,000, not less than 25 percent
of such excess funds shall be made available to carry out section 312.

(ii)

Formula
grants

Of the amounts
appropriated under paragraph (1) for a fiscal year and not reserved under
clause (i), not less than 70 percent shall be used for making grants under
section 306(a).

(B)

Grants to tribes

Of the amounts appropriated under paragraph
(1) for a fiscal year and not reserved under subparagraph (A)(i), not less than
10 percent shall be used to carry out section 309.

(C)

Technical assistance and training
centers

Of the amounts
appropriated under paragraph (1) for a fiscal year and not reserved under
subparagraph (A)(i), not less than 6 percent shall be used by the Secretary for
making grants under section 310.

(D)

Grants for State domestic violence
coalitions

Of the amounts
appropriated under paragraph (1) for a fiscal year and not reserved under
subparagraph (A)(i), not less than 10 percent of such amounts shall be used by
the Secretary for making grants under section 311.

(E)

Administration, evaluation and
monitoring

Of the amount
appropriated under paragraph (1) for a fiscal year and not reserved under
subparagraph (A)(i), not more than 2.5 percent shall be used by the Secretary
for evaluation, monitoring, and other administrative costs under this
title.

(b)

National domestic violence
hotline

There is authorized
to be appropriated to carry out section 313 $3,500,000 for each of fiscal years
2011 through 2015.

There is authorized to be appropriated to
carry out section 314 $6,000,000 for each of fiscal years 2011 through
2015.

304.

Authority of Secretary

(a)

Authorities

In order to carry out the provisions of
this title, the Secretary is authorized to—

(1)

appoint and fix the compensation of such
personnel as are necessary;

(2)

procure, to the extent authorized by
section 3109 of title 5, United States Code, such temporary and intermittent
services of experts and consultants as are necessary;

(3)

make grants to eligible entities or enter
into contracts with for-profit or nonprofit nongovernmental entities and
establish reporting requirements for such grantees and contractors;

(4)

prescribe such regulations and guidance as
are reasonably necessary in order to carry out the objectives and provisions of
this title, including regulations and guidance on implementing new grant
conditions established or provisions modified by amendments made to this title
by the CAPTA Reauthorization Act of 2010, to ensure accountability and
transparency of the actions of grantees and contractors, or as determined by
the Secretary to be reasonably necessary to carry out this title; and

(5)

coordinate programs within the Department
of Health and Human Services, and seek to coordinate those programs with
programs administered by other Federal agencies, that involve or affect efforts
to prevent family violence, domestic violence, and dating violence or the
provision of assistance for adult and youth victims of family violence,
domestic violence, or dating violence.

(b)

Administration

The Secretary shall—

(1)

assign 1 or more employees of the
Department of Health and Human Services to carry out the provisions of this
title, including carrying out evaluation and monitoring under this title, which
employees shall, prior to such appointment, have expertise in the field of
family violence and domestic violence prevention and services and, to the
extent practicable, have expertise in the field of dating violence;

(2)

provide technical assistance in the conduct
of programs for the prevention and treatment of family violence, domestic
violence, and dating violence;

(3)

provide for and coordinate research into
the most effective approaches to the intervention in and prevention of family
violence, domestic violence, and dating violence, by—

(A)

consulting with experts and program
providers within the family violence, domestic violence, and dating violence
field to identify gaps in research and knowledge, establish research
priorities, and disseminate research findings;

(B)

collecting and reporting data on the
provision of family violence, domestic violence, and dating violence services,
including assistance and programs supported by Federal funds made available
under this title and by other governmental or nongovernmental sources of funds;
and

(C)

coordinating family violence, domestic
violence, and dating violence research efforts within the Department of Health
and Human Services with relevant research administered or carried out by other
Federal agencies and other researchers, including research on the provision of
assistance for adult and youth victims of family violence, domestic violence,
or dating violence; and

(4)

support the development and implementation
of effective policies, protocols, and programs within the Department and at
other Federal agencies that address the safety and support needs of adult and
youth victims of family violence, domestic violence, or dating violence.

(c)

Reports

Every 2 years, the Secretary shall review
and evaluate the activities conducted by grantees, subgrantees, and contractors
under this title and the effectiveness of the programs administered pursuant to
this title, and submit a report containing the evaluation to the Committee on
Education and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate. Such report shall also
include a summary of the documentation provided to the Secretary through
performance reports submitted under section 306(d). The Secretary shall make
publicly available on the Department of Health and Human Services website the
evaluation reports submitted to Congress under this subsection, including the
summary of the documentation provided to the Secretary under section
306(d).

305.

Allotment of funds

(a)

In general

From the sums appropriated under section
303 and available for grants to States under section 306(a) for any fiscal
year—

(1)

Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall each
be allotted not less than 1/8 of 1 percent of the amounts
available for grants under section 306(a) for the fiscal year for which the
allotment is made; and

(2)

each State shall be allotted for a grant
under section 306(a), $600,000, with the remaining funds to be allotted to each
State in an amount that bears the same ratio to such remaining funds as the
population of such State bears to the population of all States.

(b)

Population

For the purpose of this section, the
population of each State, and the total population of all the States, shall be
determined by the Secretary on the basis of the most recent census data
available to the Secretary, and the Secretary shall use for such purpose, if
available, the annual interim current census data produced by the Secretary of
Commerce pursuant to section 181 of title 13, United States Code.

(c)

Ratable reduction

If the sums appropriated under section 303
for any fiscal year and available for grants to States under section 306(a) are
not sufficient to pay in full the total amounts that all States are entitled to
receive under subsection (a) for such fiscal year, then the maximum amounts
that all States are entitled to receive under subsection (a) for such fiscal
year shall be ratably reduced. In the event that additional funds become
available for making such grants for any fiscal year during which the preceding
sentence is applicable, such reduced amounts shall be increased on the same
basis as they were reduced.

(d)

Reallotment

If, at the end of the sixth month of any
fiscal year for which sums are appropriated under section 303, the amount
allotted to a State has not been made available to such State in a grant under
section 306(a) because of the failure of such State to meet the requirements
for such a grant, then the Secretary shall reallot such amount to States that
meet such requirements.

(e)

Continued availability of
funds

All funds allotted to a
State for a fiscal year under this section, and made available to such State in
a grant under section 306(a), shall remain available for obligation by the
State until the end of the following fiscal year. All such funds that are not
obligated by the State by the end of the following fiscal year shall be made
available to the Secretary for discretionary activities under section 314. Such
funds shall remain available for obligation, and for expenditure by a recipient
of the funds under section 314, for not more than 1 year from the date on which
the funds are made available to the Secretary.

(f)

Definition

In subsection (a)(2), the term
State does not include any jurisdiction specified in subsection
(a)(1).

306.

Formula grants to States

(a)

Formula grants to States

The Secretary shall award grants to States
in order to assist in supporting the establishment, maintenance, and expansion
of programs and projects—

(1)

to prevent incidents of family violence,
domestic violence, and dating violence;

(2)

to provide immediate shelter, supportive
services, and access to community-based programs for victims of family
violence, domestic violence, or dating violence, and their dependents;
and

(3)

to provide specialized services for
children exposed to family violence, domestic violence, or dating violence,
underserved populations, and victims who are members of racial and ethnic
minority populations.

(b)

Administrative expenses

(1)

Administrative costs

Each State may use not more than 5 percent
of the grant funds for State administrative costs.

(2)

Subgrants to eligible
entities

The State shall use
the remainder of the grant funds to make subgrants to eligible entities for
approved purposes as described in section 308.

(c)

Grant conditions

(1)

Approved activities

In carrying out the activities under this
title, grantees and subgrantees may collaborate with and provide information to
Federal, State, local, and tribal public officials and agencies, in accordance
with limitations on disclosure of confidential or private information as
described in paragraph (5), to develop and implement policies to reduce or
eliminate family violence, domestic violence, and dating violence.

(2)

Discrimination prohibited

(A)

Application of civil rights
provisions

For the purpose of
applying the prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), on the basis of
disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
on the basis of sex under title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), or on the basis of race, color, or national origin under
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), programs
and activities funded in whole or in part with funds made available under this
title are considered to be programs and activities receiving Federal financial
assistance.

(B)

Prohibition on discrimination on basis of
sex, religion

(i)

In general

No person shall on the ground of sex or
religion be excluded from participation in, be denied the benefits of, or be
subject to discrimination under, any program or activity funded in whole or in
part with funds made available under this title. Nothing in this title shall
require any such program or activity to include any individual in any program
or activity without taking into consideration that individual’s sex in those
certain instances where sex is a bona fide occupational qualification or
programmatic factor reasonably necessary to the normal or safe operation of
that particular program or activity.

(ii)

Enforcement

The Secretary shall enforce the provisions
of clause (i) in accordance with section 602 of the Civil Rights Act of 1964
(42 U.S.C. 2000d–1). Section 603 of such Act (42 U.S.C. 2000d–2) shall apply
with respect to any action taken by the Secretary to enforce such
clause.

(iii)

Construction

This subparagraph shall not be construed as
affecting any legal remedy provided under any other provision of law.

(C)

Enforcement authorities of
Secretary

Whenever the
Secretary finds that a State, Indian tribe, or other entity that has received
financial assistance under this title has failed to comply with a provision of
law referred to in subparagraph (A), with subparagraph (B), or with an
applicable regulation (including one prescribed to carry out subparagraph (B)),
the Secretary shall notify the chief executive officer of the State involved or
the tribally designated official of the tribe involved and shall request such
officer or official to secure compliance. If, within a reasonable period of
time, not to exceed 60 days, the chief executive officer or official fails or
refuses to secure compliance, the Secretary may—

(i)

refer the matter to the Attorney General
with a recommendation that an appropriate civil action be instituted;

(ii)

exercise the powers and functions provided
by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), sections 504 and 505 of
the Rehabilitation Act of 1973 (29 U.S.C. 794, 794(a)), or title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as may be applicable;
or

(iii)

take such other action as may be provided
by law.

(D)

Enforcement authority of attorney
general

When a matter is
referred to the Attorney General pursuant to subparagraph (C)(i), or whenever
the Attorney General has reason to believe that a State, an Indian tribe, or an
entity described in subparagraph (C) is engaged in a pattern or practice in
violation of a provision of law referred to in subparagraph (A) or in violation
of subparagraph (B), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief as may be
appropriate, including injunctive relief.

(3)

Income eligibility standards

No income eligibility standard may be
imposed upon individuals with respect to eligibility for assistance or services
supported with funds appropriated to carry out this title. No fees may be
levied for assistance or services provided with funds appropriated to carry out
this title.

(4)

Match

No grant shall be made under this section
to any entity other than a State or an Indian tribe unless the entity agrees
that, with respect to the costs to be incurred by the entity in carrying out
the program or project for which the grant is awarded, the entity will make
available (directly or through donations from public or private entities)
non-Federal contributions in an amount that is not less than $1 for every $5 of
Federal funds provided under the grant. The non-Federal contributions required
under this paragraph may be in cash or in kind.

(5)

Nondisclosure of confidential or private
information

(A)

In general

In order to ensure the safety of adult,
youth, and child victims of family violence, domestic violence, or dating
violence, and their families, grantees and subgrantees under this title shall
protect the confidentiality and privacy of such victims and their
families.

disclose any personally identifying
information collected in connection with services requested (including services
utilized or denied), through grantees’ and subgrantees’ programs; or

(ii)

reveal personally identifying information
without informed, written, reasonably time-limited consent by the person about
whom information is sought, whether for this program or any other Federal or
State grant program, which consent—

(I)

shall be given by—

(aa)

the person, except as provided in item (bb)
or (cc);

(bb)

in the case of an unemancipated minor, the
minor and the minor's parent or guardian; or

(cc)

in the case of an individual with a
guardian, the individual's guardian; and

(II)

may not be given by the abuser or suspected
abuser of the minor or individual with a guardian, or the abuser or suspected
abuser of the other parent of the minor.

(C)

Release

If release of information described in
subparagraph (B) is compelled by statutory or court mandate—

(i)

grantees and subgrantees shall make
reasonable attempts to provide notice to victims affected by the release of the
information; and

(ii)

grantees and subgrantees shall take steps
necessary to protect the privacy and safety of the persons affected by the
release of the information.

(D)

Information sharing

Grantees and subgrantees may share—

(i)

nonpersonally identifying information, in
the aggregate, regarding services to their clients and demographic
nonpersonally identifying information in order to comply with Federal, State,
or tribal reporting, evaluation, or data collection requirements;

(ii)

court-generated information and law
enforcement-generated information contained in secure, governmental registries
for protective order enforcement purposes; and

(iii)

law enforcement- and prosecution-generated
information necessary for law enforcement and prosecution purposes.

(E)

Oversight

Nothing in this paragraph shall prevent the
Secretary from disclosing grant activities authorized in this title to the
Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate and
exercising congressional oversight authority. In making all such disclosures,
the Secretary shall protect the confidentiality of individuals and omit
personally identifying information, including location information about
individuals and shelters.

(F)

Statutorily permitted reports of abuse or
neglect

Nothing in this
paragraph shall prohibit a grantee or subgrantee from reporting abuse and
neglect, as those terms are defined by law, where mandated or expressly
permitted by the State or Indian tribe involved.

(G)

Preemption

Nothing in this paragraph shall be
construed to supersede any provision of any Federal, State, tribal, or local
law that provides greater protection than this paragraph for victims of family
violence, domestic violence, or dating violence.

(H)

Confidentiality of location

The address or location of any shelter
facility assisted under this title that otherwise maintains a confidential
location shall, except with written authorization of the person or persons
responsible for the operation of such shelter, not be made public.

(6)

Supplement not supplant

Federal funds made available to a State or
Indian tribe under this title shall be used to supplement and not supplant
other Federal, State, tribal, and local public funds expended to provide
services and activities that promote the objectives of this title.

(d)

Reports and evaluation

Each grantee shall submit an annual
performance report to the Secretary at such time as shall be reasonably
required by the Secretary. Such performance report shall describe the grantee
and subgrantee activities that have been carried out with grant funds made
available under subsection (a) or section 309, contain an evaluation of the
effectiveness of such activities, and provide such additional information as
the Secretary may reasonably require.

307.

State application

(a)

Application

(1)

In general

The chief executive officer of a State
seeking funds under section 306(a) or a tribally designated official seeking
funds under section 309(a) shall submit an application to the Secretary at such
time and in such manner as the Secretary may reasonably require.

(2)

Contents

Each such application shall—

(A)

provide a description of the procedures
that have been developed to ensure compliance with the provisions of sections
306(c) and 308(d);

(B)

provide, with respect to funds described in
paragraph (1), assurances that—

(i)

not more than 5 percent of such funds will
be used for administrative costs;

(ii)

the remaining funds will be distributed to
eligible entities as described in section 308(a) for approved activities as
described in section 308(b); and

(iii)

in the distribution of funds by a State
under section 308(a), the State will give special emphasis to the support of
community-based projects of demonstrated effectiveness, that are carried out by
nonprofit private organizations and that—

(I)

have as their primary purpose the operation
of shelters for victims of family violence, domestic violence, and dating
violence, and their dependents; or

(II)

provide counseling, advocacy, and self-help
services to victims of family violence, domestic violence, and dating violence,
and their dependents;

(C)

in the case of an application submitted by
a State, provide an assurance that there will be an equitable distribution of
grants and grant funds within the State and between urban and rural areas
within such State;

(D)

in the case of an application submitted by
a State, provide an assurance that the State will consult with and provide for
the participation of the State Domestic Violence Coalition in the planning and
monitoring of the distribution of grants to eligible entities as described in
section 308(a) and the administration of the grant programs and
projects;

(E)

describe how the State or Indian tribe will
involve community-based organizations, whose primary purpose is to provide
culturally appropriate services to underserved populations, including how such
community-based organizations can assist the State or Indian tribe in
addressing the unmet needs of such populations;

(F)

describe how activities and services
provided by the State or Indian tribe are designed to reduce family violence,
domestic violence, and dating violence, including how funds will be used to
provide shelter, supportive services, and prevention services in accordance
with section 308(b);

(G)

specify the State agency or tribally
designated official to be designated as responsible for the administration of
programs and activities relating to family violence, domestic violence, and
dating violence, that are carried out by the State or Indian tribe under this
title, and for coordination of related programs within the jurisdiction of the
State or Indian tribe;

(H)

provide an assurance that the State or
Indian tribe has a law or procedure to bar an abuser from a shared household or
a household of the abused person, which may include eviction laws or
procedures, where appropriate; and

(I)

meet such requirements as the Secretary
reasonably determines are necessary to carry out the objectives and provisions
of this title.

(b)

Approval of application

(1)

In general

The Secretary shall approve any application
that meets the requirements of subsection (a) and section 306. The Secretary
shall not disapprove any application under this subsection unless the Secretary
gives the applicant reasonable notice of the Secretary’s intention to
disapprove and a 6-month period providing an opportunity for correction of any
deficiencies.

(2)

Correction of deficiencies

The Secretary shall give such notice,
within 45 days after the date of submission of the application, if any of the
provisions of subsection (a) or section 306 have not been satisfied in such
application. If the State or Indian tribe does not correct the deficiencies in
such application within the 6-month period following the receipt of the
Secretary’s notice, the Secretary shall withhold payment of any grant funds
under section 306 to such State or under section 309 to such Indian tribe until
such date as the State or Indian tribe provides documentation that the
deficiencies have been corrected.

(3)

State or tribal domestic violence coalition
participation in determinations of compliance

State Domestic Violence Coalitions, or
comparable coalitions for Indian tribes, shall be permitted to participate in
determining whether grantees for corresponding States or Indian tribes are in
compliance with subsection (a) and section 306(c), except that no funds made
available under section 311 shall be used to challenge a determination about
whether a grantee is in compliance with, or to seek the enforcement of, the
requirements of this title.

(4)

Failure to report; nonconforming
expenditures

The Secretary
shall suspend funding for an approved application if the applicant fails to
submit an annual performance report under section 306(d), or if funds are
expended for purposes other than those set forth in section 306(b), after
following the procedures set forth in paragraphs (1), (2), and (3).

308.

Subgrants and uses of funds

(a)

Subgrants

A State that receives a grant under section
306(a) shall use grant funds described in section 306(b)(2) to provide
subgrants to eligible entities for programs and projects within such State,
that is designed to prevent incidents of family violence, domestic violence,
and dating violence by providing immediate shelter and supportive services for
adult and youth victims of family violence, domestic violence, or dating
violence (and their dependents), and that may provide prevention services to
prevent future incidents of family violence, domestic violence, and dating
violence.

(b)

Use of funds

(1)

In general

Funds awarded to eligible entities under
subsection (a) shall be used to provide shelter, supportive services, or
prevention services to adult and youth victims of family violence, domestic
violence, or dating violence, and their dependents, which may include—

(A)

provision, on a regular basis, of immediate
shelter and related supportive services to adult and youth victims of family
violence, domestic violence, or dating violence, and their dependents,
including paying for the operating and administrative expenses of the
facilities for such shelter;

(B)

assistance in developing safety plans, and
supporting efforts of victims of family violence, domestic violence, or dating
violence to make decisions related to their ongoing safety and
well-being;

(C)

provision of individual and group
counseling, peer support groups, and referral to community-based services to
assist family violence, domestic violence, and dating violence victims, and
their dependents, in recovering from the effects of the violence;

(D)

provision of services, training, technical
assistance, and outreach to increase awareness of family violence, domestic
violence, and dating violence and increase the accessibility of family
violence, domestic violence, and dating violence services;

(E)

provision of culturally and linguistically
appropriate services;

(F)

provision of services for children exposed
to family violence, domestic violence, or dating violence, including
age-appropriate counseling, supportive services, and services for the
nonabusing parent that support that parent’s role as a caregiver, which may, as
appropriate, include services that work with the nonabusing parent and child
together;

assistance in accessing related Federal and
State financial assistance programs;

(ii)

legal advocacy to assist victims and their
dependents;

(iii)

medical advocacy, including provision of
referrals for appropriate health care services (including mental health,
alcohol, and drug abuse treatment), but which shall not include reimbursement
for any health care services;

parenting and other educational services
for victims and their dependents; and

(H)

prevention services, including outreach to
underserved populations.

(2)

Shelter and supportive
services

Not less than 70
percent of the funds distributed by a State under subsection (a) shall be
distributed to entities for the primary purpose of providing immediate shelter
and supportive services to adult and youth victims of family violence, domestic
violence, or dating violence, and their dependents, as described in paragraph
(1)(A). Not less than 25 percent of the funds distributed by a State under
subsection (a) shall be distributed to entities for the purpose of providing
supportive services and prevention services as described in subparagraphs (B)
through (H) of paragraph (1).

(c)

Eligible entities

To be eligible to receive a subgrant from a
State under this section, an entity shall be—

(1)

a local public agency, or a nonprofit
private organization (including faith-based and charitable organizations,
community-based organizations, tribal organizations, and voluntary
associations), that assists victims of family violence, domestic violence, or
dating violence, and their dependents, and has a documented history of
effective work concerning family violence, domestic violence, or dating
violence; or

(2)

a partnership of 2 or more agencies or
organizations that includes—

(A)

an agency or organization described in
paragraph (1); and

(B)

an agency or organization that has a
demonstrated history of serving populations in their communities, including
providing culturally appropriate services.

(d)

Conditions

(1)

Direct payments to victims or
dependants

No funds provided
under this title may be used as direct payment to any victim of family
violence, domestic violence, or dating violence, or to any dependent of such
victim.

(2)

Voluntarily accepted services

Receipt of supportive services under this
title shall be voluntary. No condition may be applied for the receipt of
emergency shelter as described in subsection (b)(1)(A).

309.

Grants for Indian tribes

(a)

Grants authorized

The Secretary, in consultation with tribal
governments pursuant to Executive Order No. 13175 (25 U.S.C. 450 note) and in
accordance with section 903 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045d), shall continue to award
grants for Indian tribes from amounts appropriated under section 303(a)(2)(B)
to carry out this section.

(b)

Eligible entities

To be eligible to receive a grant under
this section, an entity shall be an Indian tribe, or a tribal organization or
nonprofit private organization authorized by an Indian tribe. An Indian tribe
shall have the option to authorize a tribal organization or a nonprofit private
organization to submit an application and administer the grant funds awarded
under this section.

(c)

Conditions

Each recipient of such a grant shall comply
with requirements that are consistent with the requirements applicable to
grantees under section 306.

(d)

Grantee application

To be eligible to receive a grant under
this section, an entity shall submit an application to the Secretary under
section 307 at such time, in such manner, and containing such information as
the Secretary determines to be essential to carry out the objectives and
provisions of this title. The Secretary shall approve any application that
meets requirements consistent with the requirements of section 306(c) and
section 307(a).

(e)

Use of funds

An amount provided under a grant to an
eligible entity shall be used for the services described in section
308(b).

310.

National Resource centers and Training and
Technical assistance centers

(a)

Purpose and grants authorized

(1)

Purpose

The purpose of this section is to provide
resource information, training, and technical assistance relating to the
objectives of this title to improve the capacity of individuals, organizations,
governmental entities, and communities to prevent family violence, domestic
violence, and dating violence and to provide effective intervention
services.

(2)

Grants authorized

From the amounts appropriated under this
title and reserved under section 303(a)(2)(C), the Secretary—

(A)

shall award grants to eligible entities for
the establishment and maintenance of—

(i)

2 national resource centers (as provided
for in subsection (b)(1)); and

(ii)

at least 7 special issue resource centers
addressing key areas of domestic violence, and intervention and prevention (as
provided for in subsection (b)(2)); and

(B)

may award grants, to—

(i)

State resource centers to reduce
disparities in domestic violence in States with high proportions of Indian
(including Alaska Native) or Native Hawaiian populations (as provided for in
subsection (b)(3)); and

(ii)

support training and technical assistance
that address emerging issues related to family violence, domestic violence, or
dating violence, to entities demonstrating related expertise.

offer a comprehensive array of technical
assistance and training resources to Federal, State, and local governmental
agencies, domestic violence service providers, community-based organizations,
and other professionals and interested parties, related to domestic violence
service programs and research, including programs and research related to
victims and their children who are exposed to domestic violence; and

(ii)

maintain a central resource library in
order to collect, prepare, analyze, and disseminate information and statistics
related to—

(I)

the incidence and prevention of family
violence and domestic violence; and

(II)

the provision of shelter, supportive
services, and prevention services to adult and youth victims of domestic
violence (including services to prevent repeated incidents of violence);
and

(B)

a National Indian Resource Center
Addressing Domestic Violence and Safety for Indian Women, which shall—

(i)

offer a comprehensive array of technical
assistance and training resources to Indian tribes and tribal organizations,
specifically designed to enhance the capacity of the tribes and organizations
to respond to domestic violence and the findings of section 901 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg–10 note);

(ii)

enhance the intervention and prevention
efforts of Indian tribes and tribal organizations to respond to domestic
violence and increase the safety of Indian women in support of the purposes of
section 902 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42. U.S.C. 3796gg–10 note); and

(iii)

coordinate activities with other Federal
agencies, offices, and grantees that address the needs of Indians (including
Alaska Natives), and Native Hawaiians that experience domestic violence,
including the Office of Justice Services at the Bureau of Indian Affairs, the
Indian Health Service of the Department of Health and Human Services, and the
Office on Violence Against Women of the Department of Justice.

(2)

Special issue resource
centers

In accordance with
subsection (a)(2)(A)(ii), the Secretary shall award grants to eligible entities
for special issue resource centers, which shall be national in scope and shall
provide information, training, and technical assistance to State and local
domestic violence service providers. Each special issue resource center shall
focus on enhancing domestic violence intervention and prevention efforts in at
least one of the following areas:

(A)

The response of the criminal and civil
justice systems to domestic violence victims, which may include the response to
the use of the self-defense plea by domestic violence victims and the issuance
and use of protective orders.

(B)

The response of child protective service
agencies to victims of domestic violence and their dependents and child custody
issues in domestic violence cases.

(C)

The response of the interdisciplinary
health care system to victims of domestic violence and access to health care
resources for victims of domestic violence.

(D)

The response of mental health systems,
domestic violence service programs, and other related systems and programs to
victims of domestic violence and to their children who are exposed to domestic
violence.

(E)

In the case of 3 specific resource centers,
enhancing domestic violence intervention and prevention efforts for victims of
domestic violence who are members of racial and ethnic minority groups, to
enhance the cultural and linguistic relevancy of service delivery, resource
utilization, policy, research, technical assistance, community education, and
prevention initiatives.

(3)

State resource centers to reduce tribal
disparities

(A)

In general

In accordance with subsection (a)(2), the
Secretary may award grants to eligible entities for State resource centers,
which shall provide statewide information, training, and technical assistance
to Indian tribes, tribal organizations, and local domestic violence service
organizations serving Indians (including Alaska Natives) or Native Hawaiians,
in a culturally sensitive and relevant manner.

(B)

Requirements

An eligible entity shall use a grant
provided under this paragraph—

(i)

to offer a comprehensive array of technical
assistance and training resources to Indian tribes, tribal organizations, and
providers of services to Indians (including Alaska Natives) or Native
Hawaiians, specifically designed to enhance the capacity of the tribes,
organizations, and providers to respond to domestic violence, including
offering the resources in States in which the population of Indians (including
Alaska Natives) or Native Hawaiians exceeds 2.5 percent of the total population
of the State;

(ii)

to coordinate all projects and activities
with the national resource center described in paragraph (1)(B), including
projects and activities that involve working with nontribal State and local
governments to enhance their capacity to understand the unique needs of Indians
(including Alaska Natives) and Native Hawaiians; and

(iii)

to provide comprehensive community
education and domestic violence prevention initiatives in a culturally
sensitive and relevant manner.

(c)

Eligibility

(1)

In general

To be eligible to receive a grant under
subsection (b)(1)(A) or subparagraph (A), (B), (C), or (D) of subsection
(b)(2), an entity shall be a nonprofit private organization that focuses
primarily on domestic violence and that—

(A)

provides documentation to the Secretary
demonstrating experience working directly on issues of domestic violence, and
(in the case of an entity seeking a grant under subsection (b)(2))
demonstrating experience working directly in the corresponding specific special
issue area described in subsection (b)(2);

(B)

includes on the entity's advisory board
representatives who are from domestic violence service programs and who are
geographically and culturally diverse; and

(C)

demonstrates the strong support of domestic
violence service programs from across the Nation for the entity's designation
as a national resource center or a special issue resource center, as
appropriate.

(2)

National Indian resource
center

To be eligible to
receive a grant under subsection (b)(1)(B), an entity shall be a tribal
organization or a nonprofit private organization that focuses primarily on
issues of domestic violence within Indian tribes and that submits documentation
to the Secretary demonstrating—

(A)

experience working with Indian tribes and
tribal organizations to respond to domestic violence and the findings of
section 901 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 note);

(B)

experience providing Indian tribes and
tribal organizations with assistance in developing tribally-based prevention
and intervention services addressing domestic violence and safety for Indian
women consistent with the purposes of section 902 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg–10
note);

(C)

strong support for the entity's designation
as the National Indian Resource Center Addressing Domestic Violence and Safety
for Indian Women from advocates working within Indian tribes to address
domestic violence and the safety of Indian women;

(D)

a record of demonstrated effectiveness in
assisting Indian tribes and tribal organizations with prevention and
intervention services addressing domestic violence; and

(E)

the capacity to serve Indian tribes
(including Alaska Native villages and regional and village corporations) across
the United States.

To be eligible to receive a grant under
subsection (b)(2)(E), an entity shall be an entity that—

(A)

is a nonprofit private organization that
focuses primarily on issues of domestic violence in a racial or ethnic
community, or is a public or private nonprofit educational institution that has
a domestic violence institute, center, or program related to culturally
specific issues in domestic violence; and

(B)(i)

has documented experience in the areas of
domestic violence prevention and services, and experience relevant to the
specific racial or ethnic population to which information, training, technical
assistance, and outreach would be provided under the grant;

(ii)

demonstrates the strong support, of
advocates from across the Nation who are working to address domestic violence;
and

(iii)

has a record of demonstrated effectiveness
in enhancing the cultural and linguistic relevancy of service delivery.

(4)

State resource centers to reduce tribal
disparities

To be eligible to
receive a grant under subsection (b)(3), an entity shall—

(A)(i)

be located in a State in which the
population of Indians (including Alaska Natives) or Native Hawaiians exceeds 10
percent of the total population of the State; or

(ii)

be an Indian tribe, tribal organization, or
Native Hawaiian organization that focuses primarily on issues of domestic
violence among Indians or Native Hawaiians, or an institution of higher
education; and

(B)

demonstrate the ability to serve all
regions of the State, including underdeveloped areas and areas that are
geographically distant from population centers.

(d)

Reports and evaluation

Each entity receiving a grant under this
section shall submit a performance report to the Secretary annually and in such
manner as shall be reasonably required by the Secretary. Such performance
report shall describe the activities that have been carried out with such grant
funds, contain an evaluation of the effectiveness of the activities, and
provide such additional information as the Secretary may reasonably
require.

311.

Grants to State domestic violence
coalitions

(a)

Grants

The Secretary shall award grants for the
funding of State Domestic Violence Coalitions.

(b)

Allotment of funds

(1)

In general

From the amount appropriated under section
303(a)(2)(D) for each fiscal year, the Secretary shall allot to each of the 50
States, the District of Columbia, the Commonwealth of Puerto Rico, and each of
the covered territories an amount equal to 1/56 of the
amount so appropriated for such fiscal year.

(2)

Definition

For purposes of this subsection, the term
covered territories means Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(c)

Application

Each State Domestic Violence Coalition
desiring a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information as the
Secretary determines to be essential to carry out the objectives of this
section. The application submitted by the coalition for the grant shall provide
documentation of the coalition’s work, satisfactory to the Secretary,
demonstrating that the coalition—

(1)

meets all of the applicable requirements
set forth in this title; and

(2)

demonstrates the ability to conduct
appropriately all activities described in this section, as indicated by—

(A)

documented experience in administering
Federal grants to conduct the activities described in subsection (d); or

(B)

a documented history of active
participation in the activities described in paragraphs (1), (3), (4), and (5)
of subsection (d) and a demonstrated capacity to conduct the activities
described in subsection (d)(2).

(d)

Use of funds

A coalition that receives a grant under
this section shall use the grant funds for administration and operations to
further the purposes of family violence, domestic violence, and dating violence
intervention and prevention, through activities that shall include—

(1)

working with local family violence,
domestic violence, and dating violence service programs and providers of direct
services to encourage appropriate and comprehensive responses to family
violence, domestic violence, and dating violence against adults or youth within
the State involved, including providing training and technical assistance and
conducting State needs assessments;

(2)

participating in planning and monitoring
the distribution of subgrants and subgrant funds within the State under section
308(a);

(3)

working in collaboration with service
providers and community-based organizations to address the needs of family
violence, domestic violence, and dating violence victims, and their dependents,
who are members of racial and ethnic minority populations and underserved
populations;

(4)

collaborating with and providing
information to entities in such fields as housing, health care, mental health,
social welfare, or business to support the development and implementation of
effective policies, protocols, and programs that address the safety and support
needs of adult and youth victims of family violence, domestic violence, or
dating violence;

(5)

encouraging appropriate responses to cases
of family violence, domestic violence, or dating violence against adults or
youth, including by working with judicial and law enforcement agencies;

(6)

working with family law judges, criminal
court judges, child protective service agencies, and children’s advocates to
develop appropriate responses to child custody and visitation issues in cases
of child exposure to family violence, domestic violence, or dating violence and
in cases in which—

(A)

family violence, domestic violence, or
dating violence is present; and

(B)

child abuse is present;

(7)

providing information to the public about
prevention of family violence, domestic violence, and dating violence,
including information targeted to underserved populations; and

(8)

collaborating with Indian tribes and tribal
organizations (and corresponding Native Hawaiian groups or communities) to
address the needs of Indian (including Alaska Native) and Native Hawaiian
victims of family violence, domestic violence, or dating violence, as
applicable in the State.

(e)

Limitation on use of funds

A coalition that receives a grant under
this section shall not be required to use funds received under this title for
the purposes described in paragraph (5) or (6) of subsection (d) if the
coalition provides an annual assurance to the Secretary that the coalition
is—

(1)

using funds received under section
2001(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(c)(1)) for such purposes; and

(2)

coordinating the activities carried out by
the coalition under subsection (d) with the State’s activities under part T of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg et seq.) that address those purposes.

(f)

Prohibition on lobbying

No funds made available to entities under
this section shall be used, directly or indirectly, to influence the issuance,
amendment, or revocation of any executive order or similar promulgation by any
Federal, State, or local agency, or to undertake to influence the passage or
defeat of any legislation by Congress, or by any State or local legislative
body, or State proposals by initiative petition, except that the
representatives of the entity may testify or make other appropriate
communication—

(1)

when formally requested to do so by a
legislative body, a committee, or a member of the body or committee; or

(2)

in connection with legislation or
appropriations directly affecting the activities of the entity.

(g)

Reports and evaluation

Each entity receiving a grant under this
section shall submit a performance report to the Secretary at such time as
shall be reasonably required by the Secretary. Such performance report shall
describe the activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities, and provide such
additional information as the Secretary may reasonably require.

(h)

Indian representatives

For purposes of this section, a State
Domestic Violence Coalition may include representatives of Indian tribes and
tribal organizations.

312.

Specialized services for abused parents and
their children

(a)

In general

(1)

Program

The Secretary shall establish a grant
program to expand the capacity of family violence, domestic violence, and
dating violence service programs and community-based programs to prevent future
domestic violence by addressing, in an appropriate manner, the needs of
children exposed to family violence, domestic violence, or dating
violence.

(2)

Grants

The Secretary may make grants to eligible
entities through the program established under paragraph (1) for periods of not
more than 2 years. If the Secretary determines that an entity has received such
a grant and been successful in meeting the objectives of the grant application
submitted under subsection (c), the Secretary may renew the grant for 1
additional period of not more than 2 years.

(b)

Eligible entities

To be eligible to receive a grant under
this section, an entity shall be a local agency, a nonprofit private
organization (including faith-based and charitable organizations,
community-based organizations, and voluntary associations), or a tribal
organization, with a demonstrated record of serving victims of family violence,
domestic violence, or dating violence and their children.

(c)

Application

An entity seeking a grant under this
section shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may reasonably
require, including—

(1)

a description of how the entity will
prioritize the safety of, and confidentiality of information about—

(A)

victims of family violence, victims of
domestic violence, and victims of dating violence; and

(B)

children of victims described in
subparagraph (A);

(2)

a description of how the entity will
provide developmentally appropriate and age-appropriate services, and
culturally and linguistically appropriate services, to the victims and
children; and

(3)

a description of how the entity will ensure
that professionals working with the children receive the training and technical
assistance appropriate and relevant to the unique needs of children exposed to
family violence, domestic violence, or dating violence.

(d)

Use of funds

An entity that receives a grant under this
section for a family violence, domestic violence, and dating violence service
or community-based program described in subsection (a)—

(1)

shall use the funds made available through
the grant—

(A)

to provide direct counseling, appropriate
services consistent with subsection (c)(2), or advocacy on behalf of victims of
family violence, domestic violence, or dating violence and their children,
including coordinating services with services provided by the child welfare
system;

(B)

to provide services for nonabusing parents
to support those parents' roles as caregivers and their roles in responding to
the social, emotional, and developmental needs of their children; and

(C)

where appropriate, to provide the services
described in this subsection while working with such a nonabusing parent and
child together; and

(2)

may use the funds made available through
the grant—

(A)

to provide early childhood development and
mental health services;

(B)

to coordinate activities with and provide
technical assistance to community-based organizations serving victims of family
violence, domestic violence, or dating violence or children exposed to family
violence, domestic violence, or dating violence; and

Each entity receiving a grant under this
section shall submit a performance report to the Secretary at such time as
shall be reasonably required by the Secretary. Such performance report shall
describe the activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities, and provide such
additional information as the Secretary may reasonably require.

313.

National domestic violence hotline
grant

(a)

In general

The Secretary shall award a grant to 1 or
more private entities to provide for the ongoing operation of a 24-hour,
national, toll-free telephone hotline to provide information and assistance to
adult and youth victims of family violence, domestic violence, or dating
violence, family and household members of such victims, and persons affected by
the victimization. The Secretary shall give priority to applicants with
experience in operating a hotline that provides assistance to adult and youth
victims of family violence, domestic violence, or dating violence.

(b)

Term

The Secretary shall award a grant under
this section for a period of not more than 5 years.

(c)

Conditions on payment

The provision of payments under a grant
awarded under this section shall be subject to annual approval by the Secretary
and subject to the availability of appropriations for each fiscal year to make
the payments.

(d)

Application

To be eligible to receive a grant under
this section, an entity shall submit an application to the Secretary that
shall—

(1)

contain such agreements, assurances, and
information, be in such form, and be submitted in such manner, as the Secretary
shall prescribe;

(2)

include a complete description of the
applicant’s plan for the operation of a national domestic violence hotline,
including descriptions of—

(A)

the training program for hotline personnel,
including technology training to ensure that all persons affiliated with the
hotline are able to effectively operate any technological systems used by the
hotline;

(B)

the hiring criteria and qualifications for
hotline personnel;

(C)

the methods for the creation, maintenance,
and updating of a resource database;

(D)

a plan for publicizing the availability of
the hotline;

(E)

a plan for providing service to non-English
speaking callers, including service through hotline personnel who have
non-English language capability;

(F)

a plan for facilitating access to the
hotline by persons with hearing impairments; and

(G)

a plan for providing assistance and
referrals to youth victims of domestic violence and for victims of dating
violence who are minors, which may be carried out through a national teen
dating violence hotline;

(3)

demonstrate that the applicant has
recognized expertise in the area of family violence, domestic violence, or
dating violence and a record of high quality service to victims of family
violence, domestic violence, or dating violence, including a demonstration of
support from advocacy groups and State Domestic Violence Coalitions;

(4)

demonstrate that the applicant has the
capacity and the expertise to maintain a domestic violence hotline and a
comprehensive database of service providers;

(5)

demonstrate the ability to provide
information and referrals for callers, directly connect callers to service
providers, and employ crisis interventions meeting the standards of family
violence, domestic violence, and dating violence providers;

(6)

demonstrate that the applicant has a
commitment to diversity and to the provision of services to underserved
populations, including to ethnic, racial, and non-English speaking minorities,
in addition to older individuals and individuals with disabilities;

(7)

demonstrate that the applicant complies
with nondisclosure requirements as described in section 306(c)(5) and follows
comprehensive quality assurance practices; and

(8)

contain such other information as the
Secretary may require.

(e)

Hotline activities

(1)

In general

An entity that receives a grant under this
section for activities described, in whole or in part, in subsection (a) shall
use funds made available through the grant to establish and operate a 24-hour,
national, toll-free telephone hotline to provide information and assistance to
adult and youth victims of family violence, domestic violence, or dating
violence, and other individuals described in subsection (a).

(2)

Activities

In establishing and operating the hotline,
the entity—

(A)

shall contract with a carrier for the use
of a toll-free telephone line;

shall assemble and maintain a database of
information relating to services for adult and youth victims of family
violence, domestic violence, or dating violence to which callers may be
referred throughout the United States, including information on the
availability of shelters and supportive services for victims of family
violence, domestic violence, or dating violence;

(D)

shall widely publicize the hotline
throughout the United States, including to potential users;

(E)

shall provide assistance and referrals to
meet the needs of underserved populations and individuals with
disabilities;

(F)

shall provide assistance and referrals for
youth victims of domestic violence and for victims of dating violence who are
minors, which may be carried out through a national teen dating violence
hotline;

(G)

may provide appropriate assistance and
referrals for family and household members of victims of family violence,
domestic violence, or dating violence, and persons affected by the
victimization described in subsection (a); and

(H)

at the discretion of the hotline operator,
may provide assistance, or referrals for counseling or intervention, for
identified adult and youth perpetrators, including self-identified
perpetrators, of family violence, domestic violence, or dating violence, but
shall not be required to provide such assistance or referrals in any
circumstance in which the hotline operator fears the safety of a victim may be
impacted by an abuser or suspected abuser.

(f)

Reports and evaluation

The entity receiving a grant under this
section shall submit a performance report to the Secretary at such time as
shall be reasonably required by the Secretary. Such performance report shall
describe the activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities, and provide such
additional information as the Secretary may reasonably require.

The Secretary shall enter into cooperative
agreements with State Domestic Violence Coalitions for the purposes of
establishing, operating, and maintaining local community projects to prevent
family violence, domestic violence, and dating violence, including violence
committed by and against youth, using a coordinated community response model
and through prevention and education programs.

(b)

Term

The Secretary shall enter into a
cooperative agreement under this section for a period of not more than 5 fiscal
years.

(c)

Conditions on payment

The provision of payments under a
cooperative agreement under this section shall be subject to—

(1)

annual approval by the Secretary;
and

(2)

the availability of appropriations for each
fiscal year to make the payments.

(d)

Eligibility

To be eligible to enter into a cooperative
agreement under this section, an organization shall—

(1)

be a State Domestic Violence Coalition;
and

(2)

include representatives of pertinent
sectors of the local community, which may include—

(A)

health care providers and State or local
health departments;

(B)

the education community;

(C)

the faith-based community;

(D)

the criminal justice system;

(E)

family violence, domestic violence, and
dating violence service program advocates;

(F)

human service entities such as State child
services divisions;

(G)

business and civic leaders; and

(H)

other pertinent sectors.

(e)

Applications

An organization that desires to enter into
a cooperative agreement under this section shall submit to the Secretary an
application, in such form and in such manner as the Secretary shall require,
that—

(1)

demonstrates the capacity of the applicant,
who may enter into a partnership with a local family violence, domestic
violence, or dating violence service provider or community-based organization,
to undertake the project involved;

(2)

demonstrates that the project will include
a coordinated community response to improve and expand prevention strategies
through increased communication and coordination among all affected sectors of
the local community;

(3)

includes a complete description of the
applicant’s plan for the establishment and implementation of the coordinated
community response, including a description of—

(A)

the method to be used for identification
and selection of an administrative committee made up of persons knowledgeable
about comprehensive family violence, domestic violence, and dating violence
prevention planning to oversee the project, hire staff, assure compliance with
the project outline, and secure annual evaluation of the project;

(B)

the method to be used for identification
and selection of project staff and a project evaluator;

(C)

the method to be used for identification
and selection of a project council consisting of representatives of the
community sectors listed in subsection (d)(2); and

(D)

the method to be used for identification
and selection of a steering committee consisting of representatives of the
various community sectors who will chair subcommittees of the project council,
each of which will focus on 1 of the sectors;

(4)

demonstrates that the applicant has
experience in providing, or the capacity to provide, prevention-focused
training and technical assistance;

(5)

demonstrates that the applicant has the
capacity to carry out collaborative community initiatives to prevent family
violence, domestic violence, and dating violence; and

(6)

contains such other information,
agreements, and assurances as the Secretary may require.

(f)

Geographical dispersion

The Secretary shall enter into cooperative
agreements under this section with organizations in States geographically
dispersed throughout the Nation.

(g)

Use of funds

(1)

In general

An organization that enters into a
cooperative agreement under subsection (a) shall use the funds made available
through the agreement to establish, operate, and maintain comprehensive family
violence, domestic violence, and dating violence prevention programming.

(2)

Technical assistance, evaluation and
monitoring

The Secretary may
use a portion of the funds provided under this section to—

(A)

provide technical assistance;

(B)

monitor the performance of organizations
carrying out activities under the cooperative agreements; and

(C)

conduct an independent evaluation of the
program carried out under this section.

(3)

Requirements

In establishing and operating a project
under this section, an eligible organization shall—

(A)

establish protocols to improve and expand
family violence, domestic violence, and dating violence prevention and
intervention strategies within affected community sectors described in
subsection (d)(2);

(B)

develop comprehensive prevention plans to
coordinate prevention efforts with other community sectors;

(C)

provide for periodic evaluation of the
project, and analysis to assist in replication of the prevention strategies
used in the project in other communities, and submit a report under subsection
(h) that contains the evaluation and analysis;

(D)

develop, replicate, or conduct
comprehensive, evidence-informed primary prevention programs that reduce risk
factors and promote protective factors that reduce the likelihood of family
violence, domestic violence, and dating violence, which may include—

(i)

educational workshops and seminars;

(ii)

training programs for professionals;

(iii)

the preparation of informational
material;

(iv)

developmentally appropriate education
programs;

(v)

other efforts to increase awareness of the
facts about, or to help prevent, family violence, domestic violence, and dating
violence; and

(vi)

the dissemination of information about the
results of programs conducted under this subparagraph;

(E)

utilize evidence-informed prevention
program planning; and

(F)

recognize, in applicable cases, the needs
of underserved populations, racial and linguistic populations, and individuals
with disabilities.

(h)

Reports and evaluation

Each organization entering into a
cooperative agreement under this section shall submit a performance report to
the Secretary at such time as shall be reasonably required by the Secretary.
Such performance report shall describe activities that have been carried out
with the funds made available through the agreement, contain an evaluation of
the effectiveness of such activities, and provide such additional information
as the Secretary may reasonably require. The Secretary shall make the
evaluations received under this subsection publicly available on the Department
of Health and Human Services website. The reports shall also be submitted to
the Committee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.

.

202.

Amendments to other laws

(a)

Title 11, United States Code

Section 707(b)(2)(A)(ii)(I) of title 11,
United States Code, is amended in the 4th sentence by striking section
309 of the Family Violence Prevention and Services Act and inserting
section 302 of the Family Violence Prevention and Services
Act.

(b)

Individuals with disabilities education
act

Section 635(c)(2)(G) of
the Individuals with Disabilities Education Act (20 U.S.C. 1435(c)(2)(G)) is
amended by striking section 320 of the Family Violence Prevention and
Services Act and inserting section 302 of the Family Violence
Prevention and Services Act.

(c)

Omnibus Crime Control and Safe Streets Act
of 1968

Section 2001(c)(2)(A)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(c)(2)(A)) is amended by striking through the Family Violence
Prevention and Services Act (42 U.S.C. 10410 et seq.) and inserting
under section 311 of the Family Violence Prevention and Services
Act.

(d)

Violence Against Women Act of
1994

Section 40002(a)(26) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(26)) is amended by
striking under the Family Violence Prevention and Services Act (42
U.S.C. 10410(b)) and inserting under sections 302 and 311 of the
Family Violence Prevention and Services Act.

(e)

Violent Crime Control and Law Enforcement
Act of 1994

The portion of
section 310004(d) of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14214(d)) that pertains to the definition of the term
prevention program is amended—

(1)

in paragraph (20), by striking
section 40211 and inserting section 313 of the Family
Violence Prevention and Services Act (relating to a hotline);

(2)

in paragraph (22), by striking
section 40241 and inserting sections 301 through 312 of
the Family Violence Prevention and Services Act; and

(3)

in paragraph (24), by striking
section 40261 and inserting section 314 of the Family
Violence Prevention and Services Act (relating to community projects to prevent
family violence, domestic violence, and dating violence).

III

Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978

301.

Child abuse prevention and treatment and
adoption reform

(a)

Findings

Section 201 of the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is
amended—

(1)

by striking subsection (a) and inserting
the following:

(a)

Findings

Congress finds that—

(1)

on the last day of fiscal year 2009, some
424,000 children were living in temporary foster family homes or other foster
care settings;

(2)

most children in foster care are victims of
child abuse or neglect by their biological parents and their entry into foster
care brought them the additional trauma of separation from their homes and
often their communities;

(3)

on average, children entering foster care
have more physical and mental health needs than do children in the general
population, and some require intensive services because the children entering
foster care—

(A)

were born to mothers who did not receive
prenatal care;

(B)

were born with life-threatening conditions
or disabilities;

(C)

were born addicted to alcohol or other
drugs; or

(D)

have HIV/AIDS;

(4)

each year, thousands of children in foster
care, regardless of their age, the size of the sibling group they are a part
of, their racial or ethnic status, their medical condition, or any physical,
mental or emotional disability they may have, are in need of placement with
permanent, loving, adoptive families;

(5)(A)

States have made important strides in
increasing the number of children who are placed in permanent homes with
adoptive parents and in reducing the length of time children wait for such a
placement; and

(B)

many thousands of children, however, still
remain in institutions or foster homes solely because of legal and other
barriers to such a placement;

(6)(A)

on the last day of fiscal year 2009, there
were 115,000 children waiting for adoption;

(B)

children waiting for adoption have had
parental rights of all living parents terminated or the children have a
permanency goal of adoption;

(C)(i)

the average age of children adopted with
public child welfare agency involvement during fiscal year 2009 was a little
more than 6 years; and

(ii)

the average age of children waiting for
adoption on the last day of that fiscal year was a little more than 8 years of
age and more than 30,000 of those children were 12 years of age or older;
and

(D)(i)

25 percent of the children adopted with
public child welfare agency involvement during fiscal year 2009 were
African-American; and

(ii)

30 percent of the children waiting for
adoption on the last day of fiscal year 2009 were African-American;

(7)

adoption may be the best alternative for
assuring the healthy development of children placed in foster care;

(8)

there are qualified persons seeking to
adopt such children who are unable to do so because of barriers to their
placement and adoption; and

(9)

in order both to enhance the stability of
and love in the home environments of such children and to avoid wasteful
expenditures of public funds, such children—

(A)

should not have medically indicated
treatment withheld from them; or

(B)

be maintained in foster care or
institutions when adoption is appropriate and families can be found for such
children.

;
and

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by
inserting older children, minority children, and after
particularly; and

(B)

by striking paragraph (2) and inserting the
following:

(2)

maintain an Internet-based national
adoption information exchange system to—

(A)

bring together children who would benefit
from adoption and qualified prospective adoptive parents who are seeking such
children;

(B)

conduct national recruitment efforts in
order to reach prospective parents for children awaiting adoption; and

(C)

connect placement agencies, prospective
adoptive parents, and adoptive parents to resources designed to reduce barriers
to adoption, support adoptive families, and ensure permanency;
and

.

(b)

Information and services

Section 203 of the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113) is
amended—

(1)

in subsection (a), by striking all that
follows facilitate the adoption of and inserting older
children, minority children, and children with special needs, particularly
infants and toddlers with disabilities who have life-threatening conditions,
and services to families considering adoption of children with special
needs.;

in paragraph (2), by inserting ,
including efforts to promote the adoption of older children, minority children,
and children with special needs after national
level;

(C)

in paragraph (7)—

(i)

by striking study the efficacy of
States contracting with and inserting increase the effective use
of;

(ii)

by striking the comma after
organizations) and inserting by States,;

(iii)

by inserting a comma after
institutions; and

(iv)

by inserting , including assisting
in efforts to work with organizations that promote the placement of older
children, minority children, and children with special needs after
children for adoption;

(D)

in paragraph (9)—

(i)

in subparagraph (B), by striking
and at the end;

(ii)

in subparagraph (C), by adding
and after the semicolon at the end; and

(iii)

by adding at the end the following:

(D)

identify best practices to reduce adoption
disruption and termination;

;
and

(E)

in paragraph (10)—

(i)

in the matter preceding subparagraph (A),
by inserting tribal child welfare agencies, after local
government entities,; and

(ii)

in subparagraph (A)—

(I)

in clause (ii), by inserting ,
including developing and using procedures to notify family and relatives when a
child enters the child welfare system before the semicolon at the
end;

(II)

by redesignating clauses (vii) and (viii)
as clauses (viii) and (ix), respectively; and

(III)

by inserting after clause (vi) the
following:

(vii)

education and training of prospective
adoptive or adoptive parents;

;
and

(3)

in subsection (d)—

(A)

in paragraph (1), by striking the second
sentence and all that follows; and

(B)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

in the second sentence, by inserting
, consistent with the purpose of this title after by the
Secretary; and

(II)

by striking the third sentence and
inserting the following:

Each application shall
contain information that—

(i)

describes how the State plans to improve
the placement rate of children in permanent homes;

(ii)

describes the methods the State, prior to
submitting the application, has used to improve the placement of older
children, minority children, and children with special needs, who are legally
free for adoption;

(iii)

describes the evaluation the State plans to
conduct, to identify the effectiveness of programs and methods of placement
under this subsection, and submit to the Secretary; and

(iv)

describes how the State plans to coordinate
activities under this subsection with relevant activities under section 473 of
the Social Security Act (42 U.S.C.
673).

;

(ii)

in subparagraph (B)(i), by inserting
older children, minority children, and after successful
placement of; and

(iii)

by adding at the end the following:

(C)

Evaluation

The Secretary shall compile the results of
evaluations submitted by States (described in subparagraph (A)(iii)) and submit
a report containing the compiled results to the appropriate committees of
Congress.

.

(c)

Authorization of
appropriations

Section 205 of
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42
U.S.C. 5115) is amended—

(1)

in subsection (a)—

(A)

by striking 2004 and
inserting 2010; and

(B)

by striking 2005 through
2008 and inserting 2011 through 2015;

(2)

by redesignating subsection (b) as
subsection (c); and

(3)

by inserting after subsection (a) the
following:

(b)

Not less than 30 percent and not more than
50 percent of the funds appropriated under subsection (a) shall be allocated
for activities under subsections (b)(10) and (c) of section
203.